Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Konstantin Burshteyn secured an $850,000 settlement for our client, a 62-year-old Queens County resident who was injured on a New York City sidewalk. Our client was injured when the manual kick scooter she was operating struck an uneven portion of a sidewalk and caused her to fall and injure her neck. Following the accident, our client got up and continued on her way home until the pain became unbearable, and she went to the emergency room two days later.
As a result of the incident, our client sustained an exacerbation of a pre-existing neck injury, requiring her to undergo surgery.
Defendants argued that the injuries claimed by our client were related to a motor vehicle accident she was involved in six months earlier, which were actively being treated at the time of this accident. Defendants further argued that our client contributed to her fall by operating the scooter in a negligent manner.
Konstantin successfully convinced the insurance carrier that the neck injuries our client sustained were different than those from her prior accident, and with expert witnesses, he established the sidewalk defect was not one the plaintiff could have avoided and that she exercised reasonable care. The case was resolved prior to trial.